US ends automatic renewal of work permits for migrants: What's the impact of this new 'common sense' rule?

The USCIS issued a remark that 'working in the United States is a privilege, not a right'

The Department of Homeland Security has issued an interim rule for finally ending automatic extensions of employment authorisation of documents of migrant workers. This step will likely impact many of the foreign employees working in the US, including the Indians.

This rule will be effective for renewal applications filed in certain employment authorisation categories on or after October 30, 2025.

In an official statement, the department said, "With this rule, Department of Homeland Security (DHS) prioritizes the proper screening and vetting of aliens before extending the validity of their employment authorizations."

"Aliens who file to renew their Employment Authorisation Document (EAD) on or after October 30, 2025, will no longer receive an automatic extension of their EAD. There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation. Ending automatic extensions of EADs results in more frequent vetting of aliens who apply for employment authorization to work in the United States. Reviewing an alien’s background more often will enable US Citizenship and Immigration Services (USCIS) to deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States," it added.

US Citizenship and Immigration Services (USCIS) Director Joseph Edlow, in a statement clarified that, “USCIS is placing a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritized aliens’ convenience ahead of Americans’ safety and security.”

Calling it a "commonsense measure" he expressed that this rule will ensure an appropriate vetting and screening will be done before a worker's employment authorisation or documentation is extended, " he added.

He also issued a remark that "working in the United States is a privilege, not a right.”

The USCIS recommended immigrants to go for a timely renewal of their EAD by filing a renewal application up to 180 days before it expires.

"The longer an alien waits to file an EAD renewal application, the more likely it is that they may experience a temporary lapse in their employment authorization or documentation," an official statement by the department read.

Having an EAD or often called as a work permit, moreover, is a way to prove an individual is authorised to work in the United Stated for a specific time period. This is issued to someone, who is not a permanent resident of the US, but are authorised to work here for a specific time period.

Those who hold a Green card, do not need an EAD.

Similarly, the ones who have immigrant work visas, like H-1B, are not required to apply for this document.

Point to be noted here is, under the former President Joe Biden's administration, migrant workers were allowed to work in the US even if their work permits or EADs got expired, provided that they apply for a renewal on time. And now, this latest "commonsense measure" is sending bigger shocks to the work expats.

According to the official data, India accounts for 71 per cent of all approved H-1B Visa recipients.

The interim final rule, however, does not affect EADs that have already been automatically extended before October 30, 2025.